Wyoming Guardianship vs Power of Attorney for a Child

When a grandparent or relative starts raising a child in Wyoming, one of the first questions is whether to get a power of attorney or file for guardianship. They sound similar. They are not. Choosing the wrong one can leave you without the authority you need at the school or the doctor's office.

What a Power of Attorney Does (and Does Not Do)

A "minor power of attorney" in Wyoming is a private document signed by the child's parent, delegating some caregiving authority to you. It does not go through a court. No judge signs it.

What it can cover:

• School enrollment and attendance
• Daily permissions (pickup, field trips, activities)
• Routine care, if the provider accepts it

What it cannot cover in Wyoming:

• Health care decisions — Wyoming's Uniform Power of Attorney Act (W.S. § 3-9-103(a)(ii)) excludes powers to make health-care decisions, so the Act itself does not grant authority for medical or dental consent
• It does not transfer legal custody
• It does not give you standing in court
• It can be revoked by the parent at any time, for any reason, immediately

A power of attorney works only when a parent is available to sign it. If the parent is missing, incarcerated without access to a notary, deceased, or incapacitated, you cannot create one.

What Guardianship Does

Guardianship is a court order. A judge reviews your petition and issues an order defining your authority over the child. Wyoming has two relevant forms:

Temporary guardianship (W.S. §§ 3-2-301–303) covers education, medical care, and dental care specifically. The court may issue an ex parte order only if it finds by a preponderance of the evidence that the appointment is in the child's best interests, is not detrimental to another person's interests, and no other person appears to have authority and willingness to act. The court then serves the parents with the order and notice of their right to request a hearing. An ex parte order is limited to not more than one year unless the court finds good cause. Filing fee: $160, waiver available.

Full guardianship (Title 3, Chapter 2, Article 1) grants complete legal and physical custody. It requires a petition, formal service on the parents, and a court hearing. It lasts until the child turns 18, is adopted, or the court terminates it.

The guardianship options require a court appointment. Under W.S. § 3-2-201, a guardian may facilitate the child's education and authorize medical or other professional care, subject to the order and W.S. § 3-2-202.

Side-by-Side Comparison

Which One Do You Need?

Start with a power of attorney if:

• The parent is available and cooperative
• You need basic school enrollment and daily care authority
• The arrangement is genuinely short-term
• The child does not need immediate medical or dental treatment beyond what a cooperative provider will cover with a parental letter

File for temporary guardianship if:

• The parent cannot or will not sign a delegation
• A provider has refused your delegation paperwork
• The child needs medical or dental care and you need binding consent authority
• You expect the arrangement to last months rather than weeks
• You want one document that resolves school, medical, and dental authority all at once

File for full guardianship if:

• The arrangement will likely be permanent or long-term
• You need authority beyond education and healthcare (housing, travel, financial decisions)
• The parents are unlikely to resume care

Getting Started

Our Wyoming School and Medical Consent Guide explains each instrument in detail — what it covers, what it does not, and the step-by-step process to get the one that fits your situation.

See more Wyoming guides →